Terms & Conditions

COURSE CONDUCTOR (TM)

TERMS AND CONDITIONS OF USE

Last Modified: November 1, 2016

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (collectively with any amendments hereto, the “Terms and conditions”). This website is owned and operated by course conductor inc. (“cci”, “us”, “we” or “our”). By using this website or placing an order for products or services from cci, you agree to be bound and abide by these terms and conditions and any amendments thereto, and agree that you are at least 18 years of age and eligible to use this website and place an order for cci’s products and services.

If you do not agree to the terms and conditions, please do not use the website or use cci’s products or services.

TERMS AND CONDITIONS APPLICABLE TO USERS

This section of these terms and conditions (the “Terms and Conditions”) applies to use of the COURSE CONDUCTORTM website (the “Website”) owned by Course Conductor Inc. (“CCI”) located at http//www.courseconductor.com and used by individuals (“Users”) writing a review of training experiences with, or searching for courses provided by, a Provider.

“User Generated Content” means any and all material, information, notifications, reviews, articles or other types of communication created by a User and/or Provider posted on the Website.

Use of e-gifts including Starbucks and Amazon e-gift cards:

CourseConductor.com may thank users for writing reviews or being involved in the website by sending e-gift cards from various vendors such as Starbucks or Amazon.

a) The Starbucks word mark and the Starbucks logo are trademarks of the Starbucks Corporation. Starbucks is also the owner of the Copyrights in the Starbucks Logo and the Starbucks Card designs. All rights reserved. Starbucks and Amazon is not a participating partner or sponsor in this offer.

b) In order to qualify for a Starbucks e-gift card the course must have been attended within the last 5 years.

c)The reviewer must select “Yes show my LinkedIn profile” when writing a review.

d) A maximum of two e-gift cards per user.

e) CourseCoductor.com will aim to send the Starbucks e-gift card to valid users within 48hrs of their review being approved. CourseConductor.com reserves the right to extend this duration for any reason, for any amount of time.

f) Valid while supplies last or until October 31, 2016. CourseConductor.com reserves the right to stop the promotion at any time or to extend the promotion for any amount of time.

g) Starbucks e-gift card is supported in USA, Canada, United Kingdom and Mexico. For all other countries an Amazon e-gift certificate of $5 will be sent to the User. Some countries may be excluded. Amazon.com is not a participating partner or sponsor in this offer.

h) CourseConductor.com reserves the right to not send Starbucks or Amazon e-gift certificates for any reason.

Registration and Registered Users

1.1 Course Conductor grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Website. In order to gain full access and use of the Website, you must create a profile and register as a user (referred to in these Terms and Conditions as a “Registered User”).

1.2 You are only permitted to register one profile per person on the Website. The profile is personal and non-transferable.

1.3 In order to become a Registered User, you need a LinkedIn account. You must not transfer the CCI account or in other ways make it available to others. It is your responsibility to ensure that the CCI account does not fall into the hands of a third party. If you become aware that the CCI account is or may have been compromised, you are obligated to inform us immediately. We can and will change the password if there is a risk that the password has been compromised or is used in violation of these Terms and Conditions, the User Review Guidelines, or the Privacy Policy.

1.4 The user’s experience of the COURSE CONDUCTORTM Website will be enhanced by using a LinkedIn registration. Therefore the registration process requires you to register via your LinkedIn Profile.

1.5 When you write a review you will be given the opportunity to post your with your public LinkedIn information visible. If you would like your LinkedIn profile picture, your name and a link to your LinkedIn profile added to your review, all other users of COURSE CONDUCTORTM will be able to view and click on your LinkedIn profile.

1.6 We recognise that some people do not want their LinkedIn information publicly visible with their review, so as you write you’re review we give you the option to post your review anonymously. By choosing to post your review anonymously your review will be posted to Course Conductor containing the word “PRIVATE” and your name, LinkedIn profile picture and hyperlinks to LinkedIn will NOT be visible on your review.

1.6 If you experience problems with your account, please contact us at support@CourseConductor.com.

1.7 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation, or suspected violation of these Terms and Conditions, the User Review Guidelines, Privacy Policy, any applicable law or for any other reason in our unfettered discretion. When deleting your profile, you will no longer have access to services on the Website, which require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete any User Generated Content you have posted on the Website.

1.8 We reserve the right, at any time and without notice or explanation, to delete your profile and User Generated Content. In such a case, our disclaimer applies without limitations.

1.9 You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.

1.10 You are permitted to close your Account at any time by emailing support@courseconductor.com. You accept that CCI has the unlimited continuing right to continue to use all data and User Generated Content in accordance with these Terms and Conditions.

User Generated Content from Registered Users

2.1 You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any and all User Generated Content which you create on the Website. We may freely use and transfer all such User Generated Content and disclose the User Generated Content to third parties via the Website or otherwise.

2.2 Registered Users are liable for the User Generated Content they publish on the Website.

2.3 Registered Users warrant that all User Generated Content posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).

2.4 User Generated Content must relate to a Provider from which the Registered User has purchased a professional training course.

2.5 You may not publish User Generated Content regarding Providers with whom you have familial, personal or professional relationships.

2.6 Registered Users must not publish User Generated Content on the website which:

2.6.5 is offensive or in any way breaches any applicable local, national or international law or regulation;

2.6.6 violates these Terms and Conditions, the User Review Guidelines, or the Privacy Policy;

2.6.7 reveals any personal information about another individual, including another person’s name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person;

2.7 Contributors of User Generated Content warrant in every context that the User Generated Content is lawful and in compliance with the Terms and Conditions, and all applicable laws. If CCI receives notice or otherwise becomes aware that User Generated Content violates any law and/or the Terms and Conditions, User Review Guidelines or the Privacy Policy, we may delete the User Generated Content without any notice, and we may inform the violated party and/or any relevant authority of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform Registered Users about deletions and the reasons therefore.

2.8 The Registered User hereby grants us the right to initiate and take any legal action which we deem necessary in case of infringement of the Registered User’s User Generated Content.

2.9 We may at any time request information about the User Generated Content from the Registered User, including documentation supporting the information included in the User Generated Content, e.g. documentation evidencing that the User Generated Content is based on a paid for training experience. Such documentation could include receipt of purchases or copies of emails confirming purchases and training experiences.

Indemnity

3.1 You agree to indemnify, hold harmless and, at our option, defend cci (including our affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, liabilities, and expenses, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, the user review guidelines, the privacy policy, and any other applicable law (including laws relating to defamation, privacy, and intellectual property).

TERMS AND CONDITIONS APPLICABLE TO TRAINING PROVIDERS

This section of these terms and conditions (the “Terms and Conditions”) applies to Training Provider’s (“Provider”) use of Course Conductor Inc.’s (“CCI”) services (the “Services”) available at the COURSE CONDUCTORTM website (the “Website”) located at http//www.courseconductor.com.

The term “User” refers to any person visiting the Website for any reason including, but not limited to, writing a review of training experiences or searching for courses provided by a Provider.

The term “User Generated Content” means any and all material, information, notifications, reviews, articles or other types of communication created by a User and posted on the Website.

The Services

4.1 Account

When the Provider signs up for the Services, CCI will provide the Provider with an account on the Website (an “Account”). In the Account, the Provider will be able to view the services and features that constitute the Services.

CCI may at any time and without notice remove, change and alter the Services and the Website. CCI may offer the Provider additional services, features or free trials of various services in addition to what is described in these Terms and Conditions. If the Provider uses the additional services and features, free trials, etc., such use will be governed by these Terms and Conditions.

Responsibility For User Generated Content And Endorsements

5.1 Responsibility For User Generated Content

CCI is not responsible and assumes no liability for User conduct on the Website or the use of the Services, including any User Generated Content. To ensure compliance with the User Review Guidelines (found at www.courseconductor.com\guidelines), CCI will assess all User reviews prior to the User review being published on the Website. Assessment of the User review and subsequent approval of the User review onto the Website does not in any way endorse, condone or approve User Generated Content. Nor do the opinions expressed in the User Generated Content represent the opinions of CCI, its affiliates or any officers, directors, employees, contractors or shareholders of CCI and its affiliates.

5.2 No Endorsement of Provider

These Terms and Conditions, the provision of the Services and use of the Website shall not be regarded as CCI’s approval, endorsement or recommendation of the Provider, the Provider’s products or the Provider’s services. The Provider may not market itself or in any way give public declarations in conflict with the above.

The Provider’s Obligations

6.1 Compliance

The Provider is obligated to comply with these Terms and Conditions. The Provider’s use of the Services must comply with all applicable laws, rules and regulations at all times. The Provider warrants that its use of the Services will in no way cause CCI to violate any applicable law, rules or regulations or to violate the privacy rights of any third party. In addition, the Provider warrants and represents that the Provider will comply with any and all international, federal, state, provincial and local laws, rules and regulations relating to privacy applicable to its business (collectively, “Privacy Laws”). Provider acknowledges that CCI will have no responsibility for the Provider’s compliance with Privacy Laws.

6.2 Password

6.2.1 When the Provider signs up for an Account, a password for that account is created by the Provider. This password may only be used by and for the Provider. The Provider is responsible for all use of the Services occurring under the Provider’s Account. The login to the Provider’s Account may not be shared and it is the Provider’s responsibility to manage the unique login information.

6.2.2 Without limiting any other obligation of the Provider contained in these Terms and Conditions, the Provider agrees to:

6.2.2.1 Provide CCI with a valid, and actively managed operational email that will ensure rapid responses to sales enquiries generated from Users.

6.3 Inviting Consumers to Submit Reviews

The Provider may invite their Consumers to submit reviews of their training services on the Website. The language used in the invitation must be neutral and without attempts to influence the Consumer in a positive or negative direction or attract specific types of user reviews. CCI reserves the right to carry out random checks of reviewers to ensure that the Provider fulfils its obligations in this regard.

Anti-Spam Laws

Canada has very strict laws governing any commercial electronic message (referred to as a “CEM,” which includes emails, or any other form of electronic communication, including anything sent through social media) sent by a Provider.

7.1 Spam Prohibited

The Canadian Anti-Spam Legislation (“CASL”) prohibits franchisees from sending a CEM unless they have the express or implied consent of the recipient.

7.2 Request for Express Consent

You may not send a CEM to request consent to receive a CEM, although your website or other permitted communications with a client or prospect may include an “opt in” provision in which the recipient agrees to receive CEMs from you. The “opt-out model,” where users must take an active step in order to opt-out of receiving a CEM (line clearing a pre-checked box), is not sufficient under CASL.

Such a request for consent must contain the following:

7.2.1 it must set out the purpose of the request;

7.2.2 it must set out information (including a mailing address, telephone number, and email address) that identifies the Provider; and,

7.2.3 it must advise that the recipient may unsubscribe at any time.

7.3 Implied Consent

An implied consent to receive CEMs arises with respect to any User with whom the franchisee has transacted business in the 2 years prior to sending the CEM.

7.4 Exceptions to the Consent Requirement

A Provider may also:

7.4.1 send a single CEM to a person to whom he is referred, provided the full name of the person making the referral is set out;

7.4.2 provide an estimate or quote where it has been requested;

7.4.3 facilitate, complete or confirm a transaction with a User or other recipient; and,

7.4.4 provide warranty information, product recall information or safety information about a product, goods or services the recipient has purchased.

7.5 False or Misleading Representations Prohibited

CASL also prohibits the sending of any false or misleading representation through a CEM.

7.6 Penalties

Maximum penalties for a violation of CASL are $1M in the case of an individual, or $10M in the case of a business organization. Civil liability may also result in a claim of up to $1M.

7.7 Your Obligation to be Informed and to Comply

The information in this paragraph is intended as a summary only. We require that you inform yourself of your obligations under CASL, and strictly abide by them.

Replying to Website Reviews

The Provider has the option of replying to each Consumer review once. If the Provider replies to a review, the Provider warrants in every context that the replies are in compliance with the Terms and Conditions and are not:

If CCI receives notice or otherwise becomes aware that the replies violate these Terms and Conditions, current legislation and/or the User Review Guidelines, CCI may delete the replies without any notice, and CCI may inform the violated party and/or the authorities of the violation depending on the nature of the violation. CCI is not required to provide an explanation regarding the deletion of any content within the Website, although CCI will strive to inform the Provider about the deletion and the reason thereof.

8.7 Indexing of Review Content

The Provider agrees that the Provider will not use user reviews, other User Generated Content and other data provided by CCI in violation of third party guidelines, including, but not limited to, Google guidelines.

8.8 Display and Use of Reviews and COURSE CONDUCTORTM Score

8.8.1 A Provider may be granted a licence from CCI to display COURSE CONDUCTORTM information on the Provider’s website including reviews, ratings or any other information. The Provider agrees and accepts that the Provider is required to request permission to use or display COURSE CONDUCTORTM reviews, other User Generated Content and other data provided by CCI. This includes an obligation for the Provider to ensure that the displays of such materials are not misleading, biased or otherwise deceptive.

8.8.2 The Provider will ensure that all information posted on the Website is based on accurate and truthful content.

8.8.3 The parties agree that the Provider may allow Google and other search engines to index the product review content to achieve better organic search engine results and publish Google rich snippets for the content on the Provider website.

User Review Dispute Process

CCI prides itself on the integrity of User Reviews. All reviews written on Course Conductor are written by professionals using a LinkedIn account to register and post a review. If a Provider believes that a User Review breaches the User Review Guidelines the following User Review Dispute Policy will be initiated:

9.3 If the CCI assessment of the User Review finds that the User Review does not breach the User Review Guidelines, CCI will reject the breach claim and inform the Provider of the decision.

9.4 If the CCI assessment of the User Review finds the User Review to be suspicious, CCI will contact the User by email and request the User sends evidence of attending the course (by way or receipt of payment) within 10 days.

9.5 If the User replies to the satisfaction of CCI within 10 days, CCI will not delete the review.

9.6 If the User does not reply with satisfactory evidence or does not reply to the CCI email, CCI will remove the review and inform the User and the Provider that that the review has been removed from the Website.

Termination

10.1 Termination by the Provider

The Provider can discontinue its use of the Services and discontinue an Account at any time. Discontinuance of the Account will mean that the Services will no longer be available to the Provider. Discontinuance of the Account and discontinuance of the Services can be requested by emailing support@courseconductor.com.

10.2 Termination By CCI

CCI may, without prior notice at any time and for any reason, including but not limited to a period of account inactivity, terminate the Provider’s access to the Website and the Services, or suspend or terminate the Provider’s Account. CCI will notify the Provider of such termination or suspension.

10.3 Discontinuation Of Use

In case of termination of the Services, no matter the cause, the Provider is obligated to cease any use of the Service.

10.4 Reviews Will Remain on the Website

Termination of the Services, no matter the cause, will have no effect on reviews of the Provider posted on the Website. The Provider profile and User reviews of the Provider’s training services will remain on the Website until removed by CCI.

10.5 Injunctive Relief

The Provider agrees that should it continue to access the Services following termination of the Account by CCI, then CCI will have the immediate right to secure a court order enjoining any such unauthorized use of the Services. This covenant will be independent and severable and will be enforceable notwithstanding any other rights or remedies that either party may have.

10.6 Liquidated Damages

The Provider and CCI acknowledge and agree that the purposes of these Terms and Conditions, including ease of interpretation, validity and enforceability, will be simplified and advanced through the inclusion of a provision for a pre-estimate of damages.

Accordingly, the parties to the Agreement have concluded that upon proof of any breach of section 7.3, the appropriate sum payable shall be equal to CDN$1,000 per day of unauthorized useage. Such payment shall be considered, and is expressly agreed to constitute, liquidated damages, and is not to be considered a penalty. The Provider agrees not to contest the validity of this section, and this section may itself be pleaded as a bar to any such defence.

Indemnity

11.1 Indemnity

The Provider shall indemnify CCI against any loss, damage or penalties suffered or incurred by CCI as a result of any third party claim (including any claim or allegation by any governmental authority) that:

11.1.1 the use of any content provided by the Provider (a) infringes the intellectual property rights of a third party and/or (b) violates applicable law;

11.1.2 CCI’s use of information or materials supplied by the Provider is in breach of any applicable privacy law.

The Provider shall not bring any claim against CCI arising from or related to any User Generated Content, including without limitation any claim that the User Generated Content is defamatory, offensive or otherwise harmful. The Provider shall indemnify CCI against any loss or damage suffered or incurred by CCI as a result of any such claim, whether such claim is brought by the Provider, any of the Provider’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders or other associated third parties.

Representations And Warranties

12.1 The Provider represents and warrants to CCI that:

12.1.1 it has the full corporate right, power and authority to enter into, be bound by and carry out its obligations under these Terms and Conditions;

12.1.2 its agreement to be bound by these Terms and Conditions, and to perform its duties and obligations hereunder, do not and will not violate or conflict with any agreement to which it is a party or by which it is otherwise bound; and

12.1.3 these Terms and Conditions constitute legal, valid and binding obligations of the Provider, enforceable against it in accordance with its terms.

Assignment And Transfer

13.1 Provider

The Provider is not entitled to assign or transfer its rights or obligations under these Terms and Conditions to any third party without prior written consent from CCI.

13.2 CCI

CCI is entitled to assign and/or transfer any of its rights or obligations under the Agreement to any third party.

Intellectual Property Rights

14.1 Exclusive Rights of CCI

The Services, including any and all content on the Website and all underlying technology (including all intellectual property rights embodied therein), is and will remain the sole and exclusive property of CCI and will be protected in accordance with applicable copyright laws and other legislation. No license to any underlying technology is granted. Provider shall not reverse engineer or otherwise attempt to discover the source code, object code or any trade secret related to the Services or any underlying technology including the sharing of screen shots to any other organisation. If the Provider provides feedback, ideas, suggestions or comments on or regarding the Website, the Services or other services offered on the website, CCI is free to fully exploit such feedback.

14.2 CCI Designs

The Provider is only permitted to use CCI slogans, logos, graphics, servicemarks and trademarks (“CCI Designs”) if such right has been granted to the Provider in writing by CCI. If such right has been granted, the Provider is entitled to use CCI Designs in accordance with the User Review Guidelines.

14.3 General Reference to the Provider

The Provider agrees that CCI may use the Provider’s name and logo on the Website and as a part of a general list of CCI customers for use and reference in corporate, promotional, graphical, statistical and marketing material. Such right shall be cost-free and perpetual.

Payment for CCI monthly membership subscription.

14.4 Payment for the Course Conductor membership is made via credit card only. All prices, are listed in United States dollars.

14.5 CourseConductor.com is offered on a subscription basis. The Training Provider’s credit card will be billed on a monthly basis according to the agreed rates at the time of purchase and terms which are hereby incorporated into this agreement by reference.

14.6 A Training Provider may cancel the CourseConductor.com service at any time, however the Training Provider will not be refunded for any subscription period that has already commenced. For the benefit of doubt, if the Training Provider paid for November on 1st November and then cancelled their account on the 2nd November the Training Provider is not entitled to a refund for the remainder of November.

14.8 If CourseConductor.com cancels the Training Provider service as a result of a violation of this agreement or any other applicable law or legal rights, or to prevent the real threat of such a breach occurring, the Training Provider shall not be entitled to a refund. If CourseConductor.com cancels a Training Provider’s service without cause, we shall be liable to refund the Training Provider on a pro rata basis, and that shall be the extent of our liability for any cancellation without cause.

14.9 If a Training Provider conducts a credit card chargeback CourseConductor.com shall be entitled to recover the full amount of the chargeback, as well as any of it’s fees, disbursements, or other costs or expenses involved in recovering that amount.

14.10 If a credit card is cancelled or declined, we may, but are not obligated to, inform you so you can fix the problem before the CourseConductor.com account data is removed. We reserve the absolute right, however, to immediately delete any of your information and cancel your access to the CourseConductor.com service in such instances.

TERMS AND CONDITIONS APPLICABLE TO ALL USERS

This section of these terms and conditions (the “Terms and Conditions”) applies to use of the COURSE CONDUCTORTM website (the “Website”) owned by Course Conductor Inc. (“CCI”) located at http//www.courseconductor.com and used by individuals (“Users”) writing a review of training experiences with, or searching for courses provided by, a Provider.

“User Generated Content” means any and all material, information, notifications, reviews, articles or other types of communication created by a User and/or Provider posted on the Website.

Registration and Registered Users

15.1 Course Conductor grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Website. In order to gain full access and use of the Website, you must create a profile and register as a user (referred to in these Terms and Conditions as a “Registered User”).

15.2 You are only permitted to register one profile per person on the Website. The profile is personal and non-transferable.

15.3 In order to become a Registered User, you need a LinkedIn account. You must not transfer the CCI account or in other ways make it available to others. It is your responsibility to ensure that the CCI account does not fall into the hands of a third party. If you become aware that the CCI account is or may have been compromised, you are obligated to inform us immediately. We can and will change the password if there is a risk that the password has been compromised or is used in violation of these Terms and Conditions, the User Review Guidelines, or the Privacy Policy.

15.4 The user’s experience of the COURSE CONDUCTORTM Website will be enhanced by using a LinkedIn registration. Therefore the registration process requires you to register via your LinkedIn Profile. .

15.5 When you write a review you will be given the opportunity to post your with your public LinkedIn information visible. If you would like your LinkedIn profile picture, your name and a link to your LinkedIn profile added to your review, all other users of COURSE CONDUCTORTM will be able to view and click on your LinkedIn profile.

15.6 We recognise that some people do not want their LinkedIn information publicly visible with their review, so as you write you’re review we give you the option to post your review anonymously. By choosing to post your review anonymously your review will be posted to Course Conductor containing the word “PRIVATE” and your name, LinkedIn profile picture and hyperlinks to LinkedIn will NOT be visible on your review.

15.7 If you experience problems with your account, please contact us at support@CourseConductor.com.

15.8 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation, or suspected violation of these Terms and Conditions, the User Review Guidelines, Privacy Policy, any applicable law or for any other reason in our unfettered discretion. When deleting your profile, you will no longer have access to services on the Website, which require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete any User Generated Content you have posted on the Website.

15.9 We reserve the right, at any time and without notice or explanation, to delete your profile and User Generated Content. In such a case, our disclaimer applies without limitations.

15.10 You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.

15.11 You are permitted to close your Account at any time by emailing support@courseconductor.com. You accept that CCI has the unlimited continuing right to continue to use all data and User Generated Content in accordance with these Terms and Conditions.

User Generated Content from Registered Users

16.1 You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any and all User Generated Content which you create on the Website. We may freely use and transfer all such User Generated Content and disclose the User Generated Content to third parties via the Website or otherwise.

16.2 Registered Users are liable for the User Generated Content they publish on the Website.

16.3 Registered Users warrant that all User Generated Content posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).

16.4 User Generated Content must relate to a Provider from which the Registered User has purchased a professional training course.

16.5 You may not publish User Generated Content regarding Providers with whom you have familial, personal or professional relationships.

16.6 Registered Users must not publish User Generated Content on the website which:

16.6.5 is offensive or in any way breaches any applicable local, national or international law or regulation;

16.6.6 violates these Terms and Conditions, the User Review Guidelines, or the Privacy Policy;

16.6.7 reveals any personal information about another individual, including another person’s name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person;

16.7 Contributors of User Generated Content warrant in every context that the User Generated Content is lawful and in compliance with the Terms and Conditions, and all applicable laws. If CCI receives notice or otherwise becomes aware that User Generated Content violates any law and/or the Terms and Conditions, User Review Guidelines or the Privacy Policy, we may delete the User Generated Content without any notice, and we may inform the violated party and/or any relevant authority of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform Registered Users about deletions and the reasons therefor.

16.8 The Registered User hereby grants us the right to initiate and take any legal action which we deem necessary in case of infringement of the Registered User’s User Generated Content.

16.9 We may at any time request information about the User Generated Content from the Registered User, including documentation supporting the information included in the User Generated Content, e.g. documentation evidencing that the User Generated Content is based on a paid for training experience. Such documentation could include receipt of purchases or copies of emails confirming purchases and training experiences.

Indemnity

17.1 You agree to indemnify, hold harmless and, at our option, defined CCI (including our affiliates, officers, director, employees, agencies, licensors, suppliers, and any third-party information providers) from and against all damages, liabilities, and expenses, including reasonable attornerys’ fees, resulting from any violation of these terms and conditions, the user review guidelines, the privacy policy, and any other applicable law (including laws relating to defamation, privacy, and intellectual property).

TERMS AND CONDITIONS APPLICABLE TO ALL USERS

Term and Termination

18.1 These Terms will become effective and binding when you use the Website or Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Website (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Website or Services. We reserve the right to terminate these Terms and Conditions and your access to the Website and the Services at any time without notice. Such termination will occur without any continuing obligation or liability to you. Your rights under these Terms and Conditions will automatically and immediately terminate if you fail to comply with your promises and obligations set out herein. The provisions of sections 2, 3, 4, 8, 9, 11, 14, 16, 17, 18, 19 and 20, and any other provision intended by its nature to survive termination, will survive the termination of your Account and right to utilize the Services.

Disclaimers, Limitations and Exclusions of Liability

19.1 No Warranties

The services, the website and all information, content, materials and services related to the foregoing are provided “as is.” To the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the services will be uninterrupted, error-free or virus free. The submission of any personal content and the download or upload of any material through our services and/or website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the services, and you are advised to maintain offline backup copies of all information submitted by you (as allowed by your employer). We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the website; and you agree to assume the security risk for any information you provide using the services.

No representation or warranty is made that the services provide comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the services and from the output of the services. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may in our discretion filter out links to content aggregators. Search engines or other online services whose technologies and services, in our opinion, are inconsistent with these objectives.

19.2 Limitation of Liability

We shall in no case be held liable, whether in contract, tort (including negligence) or otherwise for damages for your use of the Website, even if we have been advised of the possibility of such damages, including (i) loss of profits, contracts, turnover, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these are direct, indirect or consequential) (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential) (iii) any matter beyond our reasonable control; or (iv) any indirect, special, punitive, incidental or consequential loss or damage whatsoever.

19.3 No Liability

CCI is not liable for the Provider’s use of the Services, including without limitation liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence) and breach of statutory duty arising from or in connection with these Terms and Conditions or the Privacy Policy.

19.4 Total Aggregate Liability

Our total aggregate liability, including without limitation liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with the user terms, the website or our services will never for any and all actionable circumstances exceed one hundred Canadian dollars (CDN$100). You further agree that no claims or actions arising out of, or related to, the use of our website or services or these user terms may be brought by you more than one (1) year after the actionable event. Nothing in the user terms excludes or limits either party’s liability for matters which cannot be excluded or limited under applicable law.

19.5 Indemnification

You agree to indemnify, hold harmless and, at our option, defend cci (including our affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, liabilities, and expenses, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, the user review guidelines, the privacy policy, and any other applicable law (including laws relating to defamation, privacy, and intellectual property).

Disclaimers

We make no representations or warranties with respect to any User Generated Content published on the Website. Notwithstanding the foregoing, CCI may at all times investigate and edit (including anonymizing) User Generated Content, e.g. if such actions are:

20.1.1 prompted by third party requests;

20.1.2 required under applicable law; or

20.1.3 necessary for the User Generated Content to comply with these Terms and Conditions.

We disclaim all liability for the content of User Generated Content. Our non-liability applies, without limitation, to any User Generated Content, including User Generated Content which has been edited by us. We are not liable for any links to third party websites in the User Generated Content, including for the content of the page to which the User Generated Content links.

Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the individual Registered User. We cannot be held liable for the unavailability of the Website.

User Conduct

You must only use the Websites for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent:

21.1 copy, reproduce, use, or otherwise deal with any content on the Website;

21.2 modify, distribute, or re-post any content on the Website for any purpose; or

21.3 use the content of the Website for any commercial exploitation whatsoever. In using the Website, you further agree:

21.4 not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked sites;

21.5 not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Web sites;

21.6 not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

21.7 not to use, frame, or utilize framing techniques to enclose any CCI trademark, logo, or other proprietary information (including the images found at the Website, the content of any text, or the layout/design of any page or form contained on a page) without CCI’s express written consent;

21.8 not to use meta tags or any other “hidden text” utilizing a CCI name, trademark, or product name without CCI’s express written consent;

21.9 not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;

21.10 not to collect or store personal data about others;

21.11 not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

21.12 not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by CCI; and

21.13 to be bound by the Product and Service Submission Policies of CCI, including that any product submission you may make to CCI will not be held in confidence by CCI, and is not proprietary, that CCI may use the product or service submission and any aspect thereof for any purposes in CCI’s sole discretion, and that CCI owes no duties, compensation or obligations with respect to you or the product or service submission made.

In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Website.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

The views and opinions of authors, experts and any other contributors expressed on the Websites do not necessarily state or reflect the attitudes and opinions of CCI. These views and opinions shall not be attributed to or otherwise endorsed by CCI, and may not be used for advertising or product endorsement purposes without the express, written consent of CCI.

Intellectual Property Rights

22.1 Ownership

As between you and us, we retain all right, title and interest in and to the Website, the Services, and all related intellectual property rights. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Website or the Services.

Your feedback is welcome and encouraged. You agree, however, that (a) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in those ideas; and (b) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website, we are free to fully exploit such feedback.

22.2 Content Uploaded to the Websites

In the event that you upload any photographs, comments, video clips, or other media to the Websites (the “Uploaded Content”), CCI has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as CCI in its sole discretion sees fit without further consent or payment. CCI has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. CCI has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. CCI may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at CCI’s sole discretion. CCI is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of the Websites must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.

Users posting Uploaded Content via a user profile must treat their login credentials and password confidential and ensure that they are not shared with any third that might jeopardize the security of their account.

22.3 Linked Websites

CCI makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Websites, or sites linking to these Websites. The linked sites are not under the control of CCI, and CCI is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by CCI of the site or any information contained therein. When leaving the Websites, you should be aware that CCI’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Together with other logos and product and service names described on the Website, the following includes a partial list of trademarks or registered trademarks of CCI, in Canada, the United States and other countries: COURSE CONDUCTORTM and COURSE CONDUCTOR & Design. These and all other CCI trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of CCI or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of CCI, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CCI. Other names and brands may be claimed as the property of others.

22.6 Copyright Policy and Copyright Agent

It is CCI’s policy to respect the copyright and intellectual property rights of others. CCI may remove content that appears to infringe the copyright or other intellectual property rights, including the moral rights, of others. In addition, CCI may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. If you believe that CCI or any user of our Websites has infringed your copyright in any material way, please notify CCI, and provide the following:

22.6.1 an identification of the intellectual property right claimed to have been infringed;

22.6.2 an identification of the material that you claim is infringing so that we may locate it on the Websites;

22.6.3 your address, telephone number, and email address;

22.6.4 a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law;

22.6.5 a statement by you that the above information in your notice is accurate, made under penalty of perjury, and

22.6.6 that you are authorized to act on behalf of the owner of the intellectual property interest involved.

In the course or accessing and/or using the Website, and the Services, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services, or the Website, you are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Website and the Services.

23.2 Modifications to Terms

We may change these Terms from time to time. Any such changes will become effective when posted on the Website. If you object to any such changes, your sole recourse will be to cease using the Website, and the Services. Continued use of the Website, and the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

23.3 Modifications to Services.

We reserve the right to modify the Website and/or Services at any time without notice. If you object to any changes to the Website or Services, your sole recourse will be to cease using them. Continued use of the Website or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Website and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Website or the Services.

23.4 Severability

The invalidity, illegality or unenforceability of any section (or part of a section) of these Terms and Conditions does not affect the continuation in force of the remainder of the section (if any) and these Terms and Conditions.

23.5 Survival

The following sections will survive expiration or termination of these Terms and Conditions; sections 2, 3, 4, 8, 9, 11, 14, 16, 17, 18, 19 and 20 and any other section that is intended by its nature to survive expiration or termination.

23.6 Relationship of Parties; Non-Waiver

Nothing contained in these Terms and Conditions can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our right to require timely performance thereof at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.

23.7 General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Website and the Services. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the intentions reflected in the invalid provision, to the fullest extent permitted by law, and the other provisions of these Terms and Conditions shall remain in full force and effect. You agree that any claim or cause of action related to the Website, the Services and/or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms and Conditions constitute the entire agreement between you and us with regard to the matters described above.

23.8 Governing Law

The Websites and Service are controlled, operated and administered by CCI from its offices within Canada. CCI makes no representation or warranty that the Website or any of the Services are appropriate or available for use at any locations outside Canada, the U.S.A. or the U.K. If you access the Website from outside Canada, the U.S.A. or the U.K., you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Website in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. By accessing the Website or using the Services, you agree to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon jurisdiction or venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

23.9 Entire Agreement

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between you and CCI concerning your use of the Website and supersede and govern all prior proposals, agreements or other communications.

23.10 More Information

For more information about the terms and conditions of use, or to request permission to reproduce or distribute material on this site, please contact to support@CourseConductor.com